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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2017 Highest 743"
1. The Defendant, while working as an insurance designer in the Han Lan Bio Bio-resources, was in charge of the business of assisting customers who subscribed to the insurance product to manage and maintain the insurance contract, and manage assets. The Defendant, as an insurance designer, made a false statement to the effect that he would cancel the insurance product currently subscribed to the customers as an insurance designer, or withdraw the insurance product that can be withdrawn before maturity from the insurance product that can be withdrawn even before maturity, and would make the withdrawal from the insurance product that can be withdrawn to himself/herself, and would make the withdrawal from the cancellation return to him/her as insurance premium again, he/she would receive the withdrawal from the customers.
A. On June 18, 2015, the criminal defendant against the victim C would pay the victim C with the amount of monthly insurance premium in lieu of the victim’s insurance premium, even if he/she withdrawss the life insurance products covered by the victim’s name from the E restaurant located in Gwangjin-gu Seoul Special Metropolitan City.
“The purpose of “ was to make a false representation.”
However, in the process of attracting new customers to buy an insurance policy, the defendant paid the insurance premium to the new customer, and even if he paid the insurance premium to the other customer, it was difficult to manage and maintain the customer's insurance premium if he did not use it in the substitute payment of the insurance premium. Even if he received the insurance premium on behalf of the customer, the defendant who unilaterally terminated the insurance contract did not receive a refund of the insurance premium even though he did not unilaterally cancel the insurance premium, and there was a problem in the flow of the fund. Even if he received the money from the damaged party, the defendant is willing to pay it to the former party under the pretext of child support, etc. or to pay it to another customer with the insurance premium, so even if he receives the withdrawal from the damaged party, he is willing to pay the insurance premium to the victim by proxy.